Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 168
       
       
       
       
       
       
                                Ì941354&Î941354                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/21/2019           .                                
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       The Committee on Judiciary (Simmons) recommended the following:
       
    1         Senate Substitute for Amendment (246112) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Short title.—This act may be cited as the “Rule
    7  of Law Adherence Act.”
    8         Section 2. Chapter 908, Florida Statutes, consisting of
    9  sections 908.101-908.402, is created to read:
   10         908.101Legislative findings and intent.—The Legislature
   11  finds that it is an important state interest to cooperate and
   12  assist the federal government in the enforcement of federal
   13  immigration laws within this state.
   14         908.102Definitions.—As used in this chapter, the term:
   15         (1)“Federal immigration agency” means the United States
   16  Department of Justice and the United States Department of
   17  Homeland Security, a division within such an agency, including
   18  United States Immigration and Customs Enforcement and United
   19  States Customs and Border Protection, any successor agency, and
   20  any other federal agency charged with the enforcement of
   21  immigration law. The term includes an official or employee of
   22  such an agency.
   23         (2)“Immigration detainer” means a facially sufficient
   24  written or electronic request issued by a federal immigration
   25  agency using that agency’s official form to request that another
   26  law enforcement agency detain a person based on probable cause
   27  to believe that the person to be detained is a removable alien
   28  under federal immigration law, including detainers issued
   29  pursuant to 8 U.S.C. ss. 1226 and 1357. For purposes of this
   30  subsection, an immigration detainer is deemed facially
   31  sufficient if:
   32         (a)The federal immigration agency’s official form is
   33  complete and indicates on its face that the federal immigration
   34  official has probable cause to believe that the person to be
   35  detained is a removable alien under federal immigration law; or
   36         (b)The federal immigration agency’s official form is
   37  incomplete and fails to indicate on its face that the federal
   38  immigration official has probable cause to believe that the
   39  person to be detained is a removable alien under federal
   40  immigration law, but is supported by an affidavit, order, or
   41  other official documentation that indicates that the federal
   42  immigration agency has probable cause to believe that the person
   43  to be detained is a removable alien under federal immigration
   44  law.
   45         (3)“Inmate” means a person in the custody of a law
   46  enforcement agency.
   47         (4)“Law enforcement agency” means an agency in this state
   48  charged with enforcement of state, county, municipal, or federal
   49  laws or with managing custody of detained persons in the state
   50  and includes municipal police departments, sheriff’s offices,
   51  state police departments, state university and college police
   52  departments, and the Department of Corrections. The term
   53  includes an official or employee of such an agency.
   54         (5)“Local governmental entity” means any county,
   55  municipality, or other political subdivision of this state. The
   56  term includes a person holding public office or having official
   57  duties as a representative, agent, or employee of the entity.
   58         (6)“Sanctuary policy” means a law, policy, practice,
   59  procedure, or custom adopted or permitted by a state entity,
   60  local governmental entity, or law enforcement agency which
   61  contravenes 8 U.S.C. s. 1373(a) or (b) or which knowingly
   62  prohibits or impedes a law enforcement agency from communicating
   63  or cooperating with a federal immigration agency with respect to
   64  federal immigration enforcement, including, but not limited to,
   65  limiting a state entity, local governmental entity, or law
   66  enforcement agency in, or prohibiting such an entity or agency
   67  from:
   68         (a)Complying with an immigration detainer;
   69         (b)Complying with a request from a federal immigration
   70  agency to notify the agency before the release of an inmate or
   71  detainee in the custody of the state entity, local governmental
   72  entity, or law enforcement agency;
   73         (c)Providing a federal immigration agency access to an
   74  inmate for interview;
   75         (d)Initiating an immigration status investigation; or
   76         (e)Providing a federal immigration agency with an inmate’s
   77  incarceration status or release date.
   78         (7)“State entity” means the state or any office, board,
   79  bureau, commission, department, branch, division, or institution
   80  thereof, including institutions within the State University
   81  System and the Florida College System. The term includes a
   82  person holding public office or having official duties as a
   83  representative, agent, or employee of the entity.
   84         908.201Sanctuary policies prohibited.—A state entity, law
   85  enforcement agency, or local governmental entity may not adopt
   86  or have in effect a sanctuary policy.
   87         908.202Cooperation with federal immigration authorities.—
   88         (1)A state entity, local governmental entity, or law
   89  enforcement agency shall use best efforts to support the
   90  enforcement of federal immigration law. This subsection applies
   91  to an official, representative, agent, or employee of the entity
   92  or agency only when he or she is acting within the scope of his
   93  or her official duties or within the scope of his or her
   94  employment.
   95         (2)Except as otherwise expressly prohibited by federal
   96  law, a state entity, local governmental entity, or law
   97  enforcement agency may not prohibit or in any way restrict
   98  another state entity, local governmental entity, or law
   99  enforcement agency from taking any of the following actions with
  100  respect to information regarding a person’s immigration status:
  101         (a)Sending the information to or requesting, receiving, or
  102  reviewing the information from a federal immigration agency for
  103  purposes of this chapter.
  104         (b)Recording and maintaining the information for purposes
  105  of this chapter.
  106         (c)Exchanging the information with a federal immigration
  107  agency or another state entity, local governmental entity, or
  108  law enforcement agency for purposes of this chapter.
  109         (d)Using the information to determine eligibility for a
  110  public benefit, service, or license pursuant to federal or state
  111  law or an ordinance or regulation of a local governmental
  112  entity.
  113         (e)Using the information to verify a claim of residence or
  114  domicile if a determination of residence or domicile is required
  115  under federal or state law, an ordinance or regulation of a
  116  local governmental entity, or a judicial order issued pursuant
  117  to a civil or criminal proceeding in this state.
  118         (f)Using the information to comply with an immigration
  119  detainer.
  120         (g)Using the information to confirm the identity of a
  121  person who is detained by a law enforcement agency.
  122         (3)(a)For purposes of this subsection the term “applicable
  123  criminal case” means a criminal case in which:
  124         1.The judgment requires the defendant to be confined in a
  125  secure correctional facility; and
  126         2.The judge:
  127         a.Indicates in the record under s. 908.204 that the
  128  defendant is subject to an immigration detainer; or
  129         b.Otherwise indicates in the record that the defendant is
  130  subject to a transfer into federal custody.
  131         (b)In an applicable criminal case, at the time of
  132  pronouncement of a sentence of confinement, the judge shall
  133  issue an order requiring the secure correctional facility in
  134  which the defendant is to be confined to reduce the defendant’s
  135  sentence by a period of not more than 7 days on the facility’s
  136  determination that the reduction in sentence will facilitate the
  137  seamless transfer of the defendant into federal custody. For
  138  purposes of this paragraph, the term “secure correctional
  139  facility” means a state correctional institution as defined in
  140  s. 944.02 or a county detention facility or a municipal
  141  detention facility as defined in s. 951.23.
  142         (c)If the information specified in sub-subparagraph
  143  (a)2.a. or sub-subparagraph (a)2.b. is not available at the time
  144  the sentence is pronounced in the case, the judge shall issue
  145  the order described by paragraph (b) as soon as the information
  146  becomes available.
  147         (4)When a law enforcement agency receives verification
  148  from a federal immigration agency that an alien in the law
  149  enforcement agency’s custody is unlawfully present in the United
  150  States, the agency may securely transport the alien to a federal
  151  facility in this state or to another point of transfer to
  152  federal custody outside the jurisdiction of the law enforcement
  153  agency. However, the law enforcement agency may transport an
  154  alien who is confined in a secure correctional facility only
  155  upon authorization by a court order unless the transportation
  156  will occur within the 7 day period under subsection (3). A law
  157  enforcement agency shall obtain judicial authorization before
  158  securely transporting an alien to a point of transfer outside of
  159  this state.
  160         (5)This section does not require a state entity, local
  161  governmental entity, or law enforcement agency to provide a
  162  federal immigration agency with information related to a victim
  163  of or a witness to a criminal offense if the victim or witness
  164  timely and in good faith responds to the entity’s or agency’s
  165  request for information and cooperation in the investigation or
  166  prosecution of the offense.
  167         (6)A state entity, local governmental entity, or law
  168  enforcement agency that, pursuant to subsection (5), withholds
  169  information regarding the immigration information of a victim of
  170  or witness to a criminal offense shall document the victim’s or
  171  witness’s cooperation in the entity’s or agency’s investigative
  172  records related to the offense and shall retain the records for
  173  at least 10 years for the purpose of audit, verification, or
  174  inspection by the Auditor General.
  175         908.203Duties related to certain arrested persons.—
  176         (1)If a person is arrested and is unable to provide proof
  177  of his or her lawful presence in the United States, not later
  178  than 48 hours after the person is arrested, and before the
  179  person is released on bond, a law enforcement agency performing
  180  the booking process:
  181         (a)Shall review any information available from a federal
  182  immigration agency.
  183         (b)If information obtained under paragraph (a) reveals
  184  that the person is not a citizen of the United States and is
  185  unlawfully present in the United States according to the terms
  186  of the federal Immigration and Nationality Act, 8 U.S.C. ss.
  187  1101 et seq., unless good cause is shown in the furtherance of
  188  safety and law enforcement practices, must:
  189         1.Provide prompt notice of the person’s arrest and charges
  190  to a federal immigration agency.
  191         2.Provide notice of that fact to the judge authorized to
  192  grant or deny the person’s release on bail under chapter 903.
  193         3.Record the person’s arrest and charges in the person’s
  194  case file.
  195         (2)A law enforcement agency is not required to perform the
  196  duty imposed by subsection (1) with respect to a person who is
  197  transferred to the custody of the agency by another law
  198  enforcement agency if the transferring agency performed that
  199  duty before the transfer.
  200         (3)A judge who receives notice of a person’s immigration
  201  status under this section shall cause the status to be recorded
  202  in the court record.
  203         908.204Duties related to immigration detainers.—
  204         (1)A law enforcement agency that has custody of a person
  205  subject to an immigration detainer issued by a federal
  206  immigration agency shall:
  207         (a)Provide to the judge authorized to grant or deny the
  208  person’s release on bail under chapter 903 notice that the
  209  person is subject to an immigration detainer.
  210         (b)Record in the person’s case file that the person is
  211  subject to an immigration detainer.
  212         (c)Upon determining that the immigration detainer is in
  213  accordance with s. 908.102(2), comply with the requests made in
  214  the immigration detainer.
  215         (2)A law enforcement agency is not required to perform a
  216  duty imposed by paragraph (1)(a) or paragraph (1)(b) with
  217  respect to a person who is transferred to the custody of the
  218  agency by another law enforcement agency if the transferring
  219  agency performed that duty before the transfer.
  220         (3)A judge who receives notice that a person is subject to
  221  an immigration detainer shall cause the fact to be recorded in
  222  the court record, regardless of whether the notice is received
  223  before or after a judgment in the case.
  224         908.205Reimbursement of costs.—
  225         (1)A board of county commissioners may adopt an ordinance
  226  requiring a person detained pursuant to an immigration detainer
  227  to reimburse the county for any expenses incurred in detaining
  228  the person pursuant to the immigration detainer. A person
  229  detained pursuant to an immigration detainer is not liable under
  230  this section if a federal immigration agency determines that the
  231  immigration detainer was improperly issued.
  232         (2)A local governmental entity or law enforcement agency
  233  shall enter into an agreement for payment for detaining aliens
  234  and complying with federal requests when the costs are incurred
  235  in support of the enforcement of federal immigration law.
  236  Compliant agreements include any basic ordering agreements
  237  between the U.S. Immigration and Customs Enforcement and state
  238  and local law enforcement agencies in effect on July 1, 2019, or
  239  similar agreements and other agreements authorized by federal
  240  law.
  241         908.302Enforcement.—
  242         (1)Upon adjudication by the court or as provided in a
  243  consent decree declaring that a state entity, local governmental
  244  entity, or law enforcement agency has violated this chapter, the
  245  court shall enjoin the unlawful sanctuary policy and may award
  246  reasonable costs and attorney fees to the plaintiff.The court
  247  has continuing jurisdiction over the parties and subject matter
  248  and may enforce its orders with the initiation of contempt
  249  proceedings as provided by law.
  250         (2)An order approving a consent decree or granting an
  251  injunction must include written findings of fact that describe
  252  with specificity the existence and nature of the sanctuary
  253  policy that is in violation of s. 908.201.
  254         908.401Education records.—This chapter does not apply to
  255  the release of information contained in education records of an
  256  educational agency or institution, except in conformity with the
  257  Family Educational Rights and Privacy Act of 1974, 20 U.S.C. s.
  258  1232g.
  259         908.402Discrimination prohibited.—A state entity, a local
  260  governmental entity, or a law enforcement agency, or a person
  261  employed by or otherwise under the direction or control of the
  262  entity or agency, may not base its actions under this chapter on
  263  the gender, race, religion, national origin, or physical
  264  disability of a person except to the extent authorized by the
  265  United States Constitution or the State Constitution.
  266         Section 3. A sanctuary policy, as defined in s. 908.102,
  267  Florida Statutes, as created by this act, that is in effect on
  268  the effective date of this act violates the public policy of
  269  this state and must be repealed within 90 days after that date.
  270         Section 4. Section 908.302, Florida Statutes, as created by
  271  this act, shall take effect October 1, 2019, and, except as
  272  otherwise expressly provided in this act, this act shall take
  273  effect July 1, 2019.
  274  
  275  ================= T I T L E  A M E N D M E N T ================
  276  And the title is amended as follows:
  277         Delete everything before the enacting clause
  278  and insert:
  279                        A bill to be entitled                      
  280         An act relating to federal immigration enforcement;
  281         providing a short title; creating chapter 908, F.S.,
  282         relating to federal immigration enforcement; providing
  283         legislative findings and intent; providing
  284         definitions; prohibiting sanctuary policies; requiring
  285         state entities, local governmental entities, and law
  286         enforcement agencies to use best efforts to support
  287         the enforcement of federal immigration law;
  288         prohibiting restrictions by the entities and agencies
  289         on taking certain actions with respect to information
  290         regarding a person’s immigration status; providing
  291         requirements concerning certain criminal defendants
  292         subject to immigration detainers or otherwise subject
  293         to transfer to federal custody; authorizing a law
  294         enforcement agency to transport an alien unlawfully
  295         present in the United States under certain
  296         circumstances; providing an exception to reporting
  297         requirements for crime victims or witnesses; requiring
  298         recordkeeping relating to crime victim and witness
  299         cooperation in certain investigations; specifying
  300         duties concerning certain arrested persons; specifying
  301         duties concerning immigration detainers; requiring
  302         local government entities and law enforcement agencies
  303         to enter agreements for payments for complying with
  304         immigration detainers; providing for injunctive relief
  305         and awards of costs and attorney fees to prevailing
  306         plaintiffs; providing for applicability to certain
  307         education records; prohibiting discrimination on
  308         specified grounds; providing for implementation;
  309         requiring repeal of existing sanctuary policies within
  310         a specified period; providing effective dates.
  311